I was served by a Dep. Sheriff for Absolute Divorce, I filed my answer and Coubterclaims within the 30 day period. I didn’t notarize my Counterclaim. Now the Plaintiff served me with Motion For Leave to Amend. Can I add my Counterclaim (original one) in filing my Amended reply and Notirize it. How many days am I given to file my reply ? PLEASE help. Thanks.
The Motion for Leave to Amend is the Plaintiff’s request to amend their complaint. Since you have already filed a responsive pleading (your answer and counterclaims), the Plaintiff must receive court permission to amend their complaint.
You can add your counterclaim to your answer to the amended complaint, although it is not necessary since you’ve already filed the counterclaims.
You could also file an amended counterclaim which includes your notarized signature.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you very much, Anna.
How many days are given to answer a Motion For Leave to Amend in NC?
A motion for leave to amend a pleading does not require a response, however, if you plan to respond, you should do so within 30 days of being served with the motion.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you very much, Anna.